Man jailed for filming colleague as she expressed breast milk

An IT
technician at the University of Cape Town was convicted and sentenced for
crimen injuria charges after filming and live streaming a colleague while she
was expressing breast milk for her baby.

On
Thursday at the Wynberg Magistrate’s Court, Gavin Joe was sentenced to 12
months imprisonment suspended for three years on condition that he would make a
payment of R4 000 to breast milk bank Milk Matters, do 120 hours of community
service and would undergo therapy sessions for two years.

In the
plea agreement Joe admitted that he filmed Maggie Marx, without her knowledge,
while she was expressing breast milk while at a training course at UCT’s Middle
Campus in Rondebosch.

In his
plea Joe admitted to rearranging the break room, where he knew Marx would be
expressing, with the purpose of capturing her expressing breast milk on a
hidden camera. Marx had locked herself in the break room to ensure her privacy.

“I took
my cellphone and placed the phone in a cereal box. I further admit that I cut
three holes in the cereal box and placed the phone, which I had connected to a
power bank, in the cereal box. I admit that I then placed other condiments in
front of the cereal box and positioned the only chair in the room in such a
manner that the person sitting on the chair would be in full view of the
camera. I admit I then programmed the phone to stream the recording to my PC.

“Ms Marx
undressed her shirt and attached the breast pump to her breasts and was unaware
that she was being recorded.”

He
continued that Marx saw the holes in the cereal box at some stage and got up
from the chair and found the phone and the power bank and established that the
phone recorded her.

Marx
said she was fortunate to have supportive colleagues on her breastfeeding
journey.

“I am
very open about it and not too weird about it and have no issues of expressing
at work... I laid the charges because I am in such a privileged position to
have supportive colleagues and I am able to freely express when I am at work.
People need to start seeing it as normal.

“It’s
the best thing you can give your baby and its free, Its just a win-win. As I
saw how he grew and how we bonded it became really important for me and my
son.”

She
added that she was glad it was not recorded, as that could be shared widely.

UCT
spokesperson Elijah Moholola said they noted the outcome of the case and the
staff member had since been dismissed.

“The
dismissal followed a formal disciplinary process during which the matter was
handled in accordance with UCT’s internal procedures. UCT has services
available to offer the necessary support to the other staff member involved in
this incident, and any other staff that may be affected by this incident.”